HR 4930: To expand the sharing of information with respect to suspected violations of intellectual property rights in trade.

HR 4930 in plain English: This bill expands the authority of U.S. Customs and Border Protection (CBP) to share information with trademark and copyright owners and other interested parties when it suspects imported merchandise violates intellectual property laws. It broadens who CBP can ask for help, what information can be shared (including images of packing materials and containers), and allows CBP to share nonpublic data obtained from online marketplaces, freight forwarders, and similar entities.

Stated purpose

This bill aims to expand the ability of U.S. Customs and Border Protection to share information about imported goods with trademark and copyright owners and other interested parties when there is a suspected violation of intellectual property rights in trade.

Key points

• Allows CBP to share information with any party with an interest in imported merchandise, not just trademark or copyright owners
• Expands shareable information to include images and details of packing materials and containers
• Lowers the legal threshold for CBP action from 'suspects' to 'reasonable suspicion' of an IP violation
• Permits CBP to share nonpublic data obtained from online marketplaces, express consignment operators, and freight forwarders
• Requires CBP to notify recipients when nonpublic information about imported merchandise is transmitted to them

Arguments supporters make

• Counterfeiters are sophisticated and use deceptive packaging and shipping networks, so giving brand owners more information and faster access helps stop fake goods before they reach consumers.
• Lowering the threshold to 'reasonable suspicion' and broadening who CBP can consult makes enforcement more practical and keeps pace with the growth of e-commerce and complex global supply chains.
• Protecting intellectual property rights supports American businesses and workers who invest in creating original products, and stronger enforcement deters future violations.

Arguments opponents make

• Sharing nonpublic business information generated by third-party platforms and shippers with private companies raises serious concerns about commercial privacy and the potential misuse of sensitive trade data.
• Expanding the pool of parties who can receive confidential information and lowering the legal threshold for sharing it could expose innocent importers to unwarranted scrutiny or competitive harm.
• Putting enforcement tools partly in the hands of private intellectual property holders rather than keeping it strictly within government could lead to overreach or be used to target legitimate competitors rather than true counterfeiters.

Tradeoffs

Stronger tools for catching counterfeit imports come at the cost of reduced privacy protections for importers and third-party logistics companies, whose nonpublic information can be shared more broadly with private parties. The bill trades a narrower, more protective information-sharing framework for a wider one intended to improve enforcement effectiveness.

Current status in Congress: Passed House.

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